“I thought this would be the simplest, easiest bill that I’ve every filed.” That’s House Bill 475, which state representative Mike Carter says is not against annexation, but for the people’s right to vote.
“47 states in the nation soon to be Tennessee being the only state in the nation that allows people’s property to be taken without a vote. We are one of the three non referendum states left in America. There have been four referendum on annexation across the state over the past three years, three have been successful by wide margins. Only one failed. ”
Some local organizations say, city governments have too much power under the current system.
“As a city wanting to expand their borders through the urban growth boundry, they don’t have to vote, they can just take over the land and the residents are stuck with it,” says Chris Matthews with Right to Vote TN.
A similar version of the bill currently in the Senate would put an 18 month moratorium on any annexation in the state of Tennessee.
Carter says he would amend his bill to add that if asked, but says he just looking to put the power in the voters hands.
“This bill only requires the public to approve what their officials are doing. When the city comes to you and they incorporate you, they double your regulation, most of the time they double your taxes, they bring the debt of that entity on to your private property and they have to stand good for it. A person who is about to have that to be done to should have a right to vote.”
Carter says he wants those who favor annexation to take their case to the people.
“They don’t have to sell me on annexation, they have to sell the people that are going to have to vote on it.”
Carter hopes to present his bill to the House finance committee for a vote on Tuesday. The senate version of the bill with the moratorium is expected to the senate floor next week.
The house version is expected to go for a vote on the house floor the following week.

Hamilton County commissioners unanimously support Tennessee State House Bill 475 and Senate Bill 279 and the citizens “Right to Vote” on annexation. The commission created a resolution on this right in Hamilton County. To hear transcript of commission meeting click link below (minutes not published yet).

CLEVELAND, Tenn. — Bradley County officials would like to see changes in state law to require any annexation be approved in a referendum vote by a majority of residents of the affected area.

Earlier this week, the county commission voted 13-0 on a resolution in support of proposed state legislation that would require referendum votes for any annexations. The change would eliminate the current option of processing an annexation through passage of ordinances, according to House Bill 230 and Senate Bill 731.

“[Tennessee is] one of only three states that do not do this as of now,” said Commissioner Charlotte Peak-Jones, a developer who was elected to the county commission last August.

“I think people should always have some input in what’s happening to property they own,” said Commissioner Terry Caywood, who asked that state legislators seriously consider similar sentiments from other counties and not table the issue for study and, eventually, bury it.

The county’s stance was announced in the wake of recent Cleveland planning discussions about the proposed annexation of eight areas around the county that would incorporate 2.41 square miles and more than 500 residents within city limits. If the annexation process goes according to schedule, it will be completed by June 13 and result in an estimated $152,755 in additional city property tax revenue annually.

The Bradley County Commission also voted 13-0 to formally request that the city accept any developer plats already approved by county inspectors within the proposed annexation areas.

Two developments within those areas — the Silver Springs subdivision near Freewill Road and a townhome development on Urbane Road — have come under scrutiny by members of the Ocoee Regional Building Association, who are concerned work will have to be redone to meet city standards.

City standards require 24-foot road widths, compared to the 22 feet required by the county, said Lake Mantooth, president of the building association. Cleveland also has more stringent setback standards.

Cleveland officials are working to address developers’ concerns, said Corey Divel, senior planner for the city’s Development and Engineering Department.

“We’ve all but got something hammered out,” Divel said of an attempt to accept development approvals previously given by the county.

The Planning Commission will meet at the municipal building at noon Thursday to discuss plans of service for the Silver Springs subdivision and the Urbane Road townhome development.

Paul Leach is based in Cleveland. Email him at paul.leach.press@gmail.com.

One local lawmaker wants to give Tennesseans a say in whether they can be annexed when their homes and communities are at stake. Ooltewah representative Mike Carter is sponsoring the annexation reform bill. Tennessee is one of only three states that don’t require referendums when a city want to annex surrounding areas.
The bill would force any annexation attempt to be put to a vote.
Carter says whether you are for or against annexation, Tennessee residents should have a voice in the process.
“The question is not whether it benefits you or not. The question is do you have the right as an American citizen and a citizen of Tennessee to vote on an issue that’s going to dramatically affect your life. And I say that in this and in all other issues, you have the right to vote.”
The bill is scheduled to go before the House Finance Ways & Means Subcommittee next week.

Residents, Leaders and Groups

Call & Email before Tuesday 3/9/12

Friends Of Hamilton, working with community leaders and state representatives is requesting an IMMEDIATE CALL TO ACTION to support of House Bill – 475. This bill would provide residents the RIGHT TO VOTE FOR ANNEXATION of their properties. We need you to call & email each of the representatives listed below and request their support!

The Tennessee Municipal League (TML- see bottom), City of Chattanooga, Collegedale and other city leaders oppose this bill because it takes away their ability to FORCIBLY annex Tennessee resident’s properties to reap tax revenues. There are only 3 states in the country that allow FORCIBLE annexation (we are one). North Carolina recently adopted a bill similar to HB-475 to provide their residents the right to vote on annexation (both city residents and rural communities).

Forced annexation allows a city to annex adjacent areas simply through a city council ordinance.

Annexed businesses and residents don’t get a choice. And their taxes skyrocket.

Since 1998, the State of Tennessee has operated a “forced annexation” regime driven by TML (2nd largest lobbing group paid for by tax payer dollars).

Prior to 1998, Tennessee citizens were able to consent or deny annexation by majority vote.

That right was a problem for city leaders looking to increase revenues without having to reduce spending or risk politically toxic tax increases.

Tennessee is one of only three states using forced annexation (Idaho and Indiana are the others; North Carolina recently revoked its forced annexation law).

Forced annexation discourages government accountability

Many cities use annexation as a way of avoiding desirable financial and budget reforms, like renegotiating unsustainable employee pensions and restructuring financing for needed infrastructure improvements.

This dishonest cost shifting is unfair to residents targeted for annexation and unfair to city residents desiring honest, responsible and accountable government.

Cost-shifting through forced annexation creates an arrogant attitude in city leaders similar to that of a welfare queen with an entitlement mentality, as if the city is entitled to tax residents in unincorporated areas just for living near the city.

We believe city leaders seeking to annex should follow the American Way and sell to targeted residents the benefits of annexation, demonstrating that services and other value offered are worth the increased taxes.

Forced annexation encourages burdensome taxes

Increased taxes from forced annexation are an unplanned burden many cannot afford.

Some are forced to sell their property for under fair market price just to unload their increased burden.

Newly-annexed residents and businesses must immediately pay their city taxes, but typically do not see service improvements, if any, for years.

The Tennessee Municipal League (TML) is a lobbing group funded by cities looking to extend their reach. These cities are using city tax payer dollars to fund TML’s lobbing efforts. Most city residents do not realize their taxes are being spent on lobbing efforts to take property rights from Tennessee residents. We strongly encourage city residents call their elected councilmen and mayors to demand DE-FUNDING TML.

Look who is on their board are they representing TN resident’s interest?